The country decides in favor of Pitt-Victory of the people over the nobles and over the Crown-Pitt builds up ministerial authority-His fall in 1801-Administra- tion of Addington - Second Pitt administration-The ministry of “All the Talents" - The King requires a pledge from it-The ministry refuses and resigns - Parliamentary debate on the subject of pledges-Minis- terial arrangements at beginning of the regency-The Act-William IV. finds himself unable to turn out the Melbourne ministry in 1834-The Bedchamber Question on the office of Prime Minister-Cabinet ministers THE DEVELOPMENT OF CABINET GOVERNMENT IN ENGLAND CHAPTER I THE PRIVY COUNCIL -Definition of the Cabinet The Cabinet unknown to English law - Its functions-Origin of the Privy Council - Concilium Ordinarium - Composed of men of all variety of opinion — Its functions easily confused with those of Magnum Concilium or Parliament - Struggle between Parliament and Council Charter confirmed in 1297-Petition of Commons in 1390 — Parliament forces King to dismiss Bishop of Winchester (1233) -And exile Piers de Gaveston (1312) - First Parliamentary impeachment (1376) — First trace of doctrine of joint ministerial responsibility (1386) — First Bill of Attainder (1388) — Efforts of Parliament to secure power of appointment - Absolutism of the Tudors - Their government a government by It becomes customary for ministers to have seats in the House of Commons-The Star Chamber - Decline of the Council under the Stuarts - Increase in importance of Parliament. councils O trace the development and to define the powers of an institution which owes its existence to naught save custom must always be a difficult task. The institution with which I have to deal, the English Cabinet, has thus far found not only its Alpha, but also its Omega, in custom. For that body which is the distinguishing feature of the English Constitution, the link which connects the legislative and executive departments of government, producing not only unity, but almost complete identity, thus bringing about a harmony and symmetry of governmental action not to be found elsewhere, is still unknown to English law. The official position of its head is commonly that of First Lord of the Treasury. As such, eight officers of State take precedence of him. As Prime Minister he has no legal existence.1 The Cabinet may be defined as a political committee of the Privy Council, chosen in fact, if not in theory, by the House of Commons to govern the nation. Its head may be a member of either the House of Commons or the House of Lords, but must be the leader of the party in power in the House of Commons. He is appointed nominally by the Crown, but where the ruling party has a distinctly recognized leader, the Crown has no choice but to appoint this leader. When there is no such pre 1 There is a curious story to the effect that when Lord Palmerston, as premier, visited Scotland in 1863, the captain of the guardship wished to do him honor, but found a difficulty in the fact that the Prime Minister is not recognized in the code of naval salutes. He finally found an escape from his dilemma in the discovery that Lord Palmerston was not only Prime Minister, but also warden of the Cinque Ports, for whom a salute of nineteen guns is prescribed. — ASHLEY, "Life of Palmerston," Vol. II. p. 233. |